did commit official misconduct he disagrees. >> i think the conduct was morally inappropriate. i think it was wrongful. but there must, i think, be a line between official misconduct and personal misconduct. and i could not find a principled way to make that distinction based on the arguments suggested by the mayor and ultimately the decision made by the majority. >> the ethics commission found the conduct was serious that he committed this conduct after he had already been elected to office, and they also found that this misconduct was centrally related to the duties that the sheriff has. >> i submit to you that removing a democratically elected official from office for a misdemeanor committed while he wasn't even in office is not justice. >> reporter: the sheriff and his wife heard from supporters both on the steps of city hall and inside right now where public comment is going on. it's expected to take several hours. and then at some point, the

board of supervisors is expected to vote on this matter tonight, liz, although they are not required to. we'll have to wait and see whether it does indeed resolve this evening. reporting live in city hall, joe vazquez, cbs 5. >> thank you. it is still not clear how effective they are but one thing is certain: wherever those red light cameras go, a heated debate is sure to follow. cbs 5 reporter ann notarangelo joining us from oakland where there could soon be a lot more of those cameras on the streets. ann. >> reporter: yeah, allen, the oakland public safety committee is meeting in half hour to discuss whether or not to add more cameras throughout the city. and it's not really a clear-cut yes or no. reporter: the last light before the freeway entrance is often the last place you want to stop. and the city of oakland knows that and has a red light camera on 27th and northgate, one of 13 cameras in 11 intersections, one that nabbed this driver. >> i was fixing myself and i was went through the light when i was going to san francisco. >> reporter: the city of oakland is considering more than doubling the number of

cameras in this city to 30. carolyn sharpe used to drive a taxi here and is all for it. >> they need to put more up for the simple fact that not only do we have a lot of red light runners, but we also have a lot of showboating. >> reporter: it will cost the city about $2 million to extend the contract with the red light camera company for three years. the city brings in about $1.3 million each year from tickets which is quite a contrast to about a half dozen other bay area cities that have either abandoned red light cameras or are in the process because it's not cost effective. emeryville did away with theirs in june. >> smaller city so they might -- they're more law-abiding citizens in emeryville. >> reporter: in oakland the cameras are set up so not every violator is caught. >> the camera doesn't click unless you're moving 15 miles an hour. so for all those rolling red turns which is -- there's one intersection in particular, you have to be really moving right through that intersection before you get a ticket. >> reporter: some members of

the city council want to explore something else. studies show lengthening the duration of the yellow light can prevent more collisions than a camera. and it's not clear if the cameras are having the desired effect. police say some of the intersections have seen fewer collisions. some have not. >> that's why it's hard for to us make a decision. so i mean, i am asking for more information. >> reporter: councilmembers say since more information is need, they don't think they will vote tonight. instead they will go back to staff ask them to meet with the police department and traffic engineers to provide more analysis and after that, they will take a vote on whether or not it add cameras throughout the city. in oakland, ann notarangelo, cbs 5. other bay area headlines, a hit-and-run crash near an antioch elementary school put three people in the hospital. a crossing guard and her young son were among those hurt near turner elementary school is morning. witnesses say the driver was speeding and trying to pass cars lined to drop chil off at school. that's when the car ran through

an intersection, plowed into the pedestrians and crashed. the driver and the paenger then got out and ran. police say a man later returned and said he was the driver and admitted he had had been drinking. he was arrested. a veteran uc-berkeley police officer accidentally shot himself in the leg while getting dressed. this happened in the precinct's locker room, which is in the basement of sproul hall on campus. we're told he is going to be okay. and this is what caused a loud boom in calistoga this afternoon. blew up a crate of decades-old ether at a napa county fairground. the wooden crate containing pounds of the volatile and dangerous material was fourth ideas. it was originally -- was found yesterday. it was originally userd for disaster supplies for a 200-bed hospital. it had been stored at the fairgrounds since 1957. air force one departed sfo a few million dollars heavier this morning following president obama's brief bay area fundraising stop. he attended a pair of high

dollar events in san francisco yesterday where he talked up his successes as commander-in- chief. >> i told you i would end the war in iraq and i did. i said i would end the war in afghanistan. and we are. i said we would refocus on the people who actually attacked us on 9/11. and today al qaeda is on its heels and osama bin laden is no more. >> both candidates are in ohio tonight trying to sway undecided voters. the president rallied young voters at ohio state working to hang on the edge he had for weeks. but mitt romney's post-debate popularity bounce has him back in the game in the key swing state. he is spending most of the week in ohio. he told iowa voters what he thinks of the president's economic policies and added his defense of sesame street. >> took office 32 million people on food statutes. now there are 47 million people

on food stamps. these are tough times with real serious issues. so you have to scratch your head when the president spends the last week talking about saving big bird. >> ohio could be a make-or- break prize come november. voters there have picked the winner in each of the last 12 presidential elections. and no republican has ever won the white house without it. drivers, some good news. they may still be the nation's highest gas prices but the average price of regular gas jumped less than half cent at 4.74 in san francisco, $4.68 in oakland and $4.67 in san jose. cbs 5 reporter len ramirez is in san jose where len, many are ditching gas and turning to electric cars at an astounding rate. >> reporter: that's exactly right, elizabeth. sales of the chevy volt are really starting to take off. in fact in september, they tripled over last year. they have always been pretty popular here in the bay area.

but even this dealer here in san jose saw a record-breaking weekend and the big reason, gas prices. reporter: >> all right. hop in and drive and off we go. >> reporter: andre boulet just bought a plug-in hybrid chevy volt and now feels like a genius especially when he drives past the gas stations pumping octane at nearly $5 a gallon. >> i think i'm sure glad i bought this car because i bought it three weeks ago and i have driven 567 miles on the odometer and i still haven't put in gas. >> reporter: his timing was perfect but he is not the only one taking van. >> volt is currently our number one selling vehicle. >> reporter: with gas prices surging, so are sales of the volt and other electric and hybrid cars. >> we sold 18 over the past weekend and the past 45 days we have sold over 100 of these vehicles. >> reporter: that's about three times the normal number of monthly sales. >> i think when gas gets near $5 a gallon, people come out and seek these type of cars and are looking specifically for

electric or hybrid type cars that get great gas mileage. >> when the battery is empty i can continue going on gas. >> reporter: the volt has two motors, one electric, one gas. the gas motor only kicks in when electric power is running low. compared to other popular hybrids and full gasoline cars its size, the volt is cheaper to drive over the long term even though at close to $40,000, it's more expensive to begin with. >> i can take the car up to san francisco and putter around the whole day and come back and barely use any gas and when i'm commuting to work, i don't use any gas at all. >> reporter: sales of the volt are now starting to pass other electric cars because the volt because it can also run on gas power means that drivers have less anxiety about running out of power. reporting live in san jose, len ramirez, cbs 5. now, we have made it easy to compare the costs of your current vehicle to more fuel- efficient one. just go to our website, cbssf.com then click on news and then consumer. we also have a special page

giving you the cheapest gas prices in your neighborhood. new at 5:00 a rescue mission for two sea lions tangled in fishing line didn't go quite as they had planned. one of the sea lions was rescued from the docks at pier 39 while the other one got away. rescue crews say fishing wire was tightly wrapped around their necks. they were able to sedate one sea lion, capture it, take it to a nearby animal hospital. >> it's pretty good to be able to get him at this point. as you can see, it's really tough. these guys are hard. and it's not easy even when we use darts and things like that. we have to balance out what's the best for the animal, take our time, be really careful. >> the rescue of the second sea lion was a bit more complicated. it was apparently scared by a tour boat then disappeared into the water. exercise and a healthy diet are key to losing weight. but not all diets are created equal. dr. kim shows us where you can find the best chances of success. >> best chances for a few

sprinkles down in the south bay today even though we have sunny skies over much of the bay area. that will change a little bit over the next 24 hours. got the forecast coming up after a break. >> and mobile 5 is live, fans ready to rally their team back into the title fight. ,, measures... measure up. money to our schools. "misleading." out here. it. but there's hope. straight to our schools... keeps it there. politicians.

traffic in the east bay. ths a look at our traffic map right now we're keeping an eye on traffic in the east bay. this is a look at our traffic map showing a busy 880 freeway in oakland. those yellow arrows show slow traffic in both directions near the oakland coliseum where as fans are getting set for play- off baseball. let's go live, mobile 5 ken bastida at the coliseum. we are getting close to game time. >> reporter: fans moving in now getting to their seats. this is rare. the as haven't had a home play- off game since 2006 and as you know, they don't get any bigger than the game tonight. they got to win three in a row to stay in this thing. and that's the big question.

do the as have that in the tank right now? well, consider this. they had to win six in a row to win the division. before that they had a streak of 12 in a row. so their fans are confident they are going to do it. >> go, as! >> like no detroit fans here literally no detroit fans. >> reporter: why is that? where do you think they are? >> hm. >> reporter: are they hiding? >> well, probably not hiding. just watching on their own tvs hoping to lose. >> reporter: giants and as are both two games down in these best-of-five series. you have an as hat on and a giants backpack on. are you still holding out hope there could be something going on? >> we never give up hope. go, giants, go as, go tigers. [ laughter ] >> reporter: there's the tigers right here. look at this. you're a traitor! [ laughter ] >> reporter: 38,000 people expected at the coliseum tonight. that's a sellout because they are not taking the tarps off on the upper deck. you have seen that? if the as can pull it out and

get into the championship series that might change. here's the headlines when i got up. odds against them. i got another saying around here this afternoon, in it ain't over until we say it's over. live from the coliseum, i'm ken bastida, mobile 5. back to you. >> thank you. today was supposed to be one for the history books. what caused the daredevil to scrap his plans for a supersonic freefall. everybody knows that die the and exercise is the key to losing weight. but that's not the only recipe for success. the extra factor that greatly enhances your chances to shed the pounds. ,,

because the project extend te toll plaza well, it's hard to believe doyle drive construction began in 2009 because the project extending from the golden gate toll plaza to broderick street looks the same. cbs 5 reporter mike sugerman goes behind the fence to show us what progress has been made. reporter: it was quite a show watching that old ugly doyle drive come down. but that was back in april. still looks pretty much the same today. so it's been like a couple of months. so you know what? what are they going to do with this? these are the leftovers.

when he'swhen is this going down? >> right now they are doing the little things. >> reporter: caltrans says it may look like nothing is going on but it is and gave us a behind-the-scenes tour. >> so a big part of the project is part of the work that people don't see as much is the utility work. >> reporter: they have a lot of stuff that's underground and needs to be moved because they have plenty more highway coming in so now they are moving things like water, gas, telephone lines. >> coming weeks what people will begin to see is the demolition of the old high viaduct. you can see the new and the old. >> reporter: right next to each other. they are going to finish the job knocking down that old highway, the leftover part, one piece at a time. >> still actually do it in the opposite order that it was constructed. >> reporter: roadway goes first, then the columns. that makes all kinds of sense. then they will start building another roadway and tunnel that curvy part you now drive on, it's just temporary. >> so if you visualize the roadway continuing along this retaining wall, that will be

the permanent roadway. >> reporter: there will eventually be two roads, one northbound, one southbound and two tunnels with a walkway on top. you should be seeing the work starting sometime in november. it's all supposed to be over in 2015 on what could be the world's most beautiful construction site. mike sugerman, cbs 5. >> especially on a day like today. all right. today's planned death-defying 23-mile freefall was canned because of the weather. the balloon was inflated and ready to take extreme athlete felix baumgartner to the stratosphere but the winds in new mexico and the desert were too strong. baumgartner hoped to become the first skydiver to break the sound barrier and shatter three world records. he is hoping to try the jump on thursday. well, when it comes to losing weight for the best results, you may want to find a few good buddies. dr. kim explains why groups may be the best bet for success.

reporter: >> up a little bit but it could have been a lot worse. >> reporter: they cheer and clap. >> it actually went really well. >> yay! [ applause ] >> reporter: and hand out bravo points. >> so no halloween candy after, right? even when it's 75% off we're not going to do it. >> reporter: meetings are led by peers not professionals. and that's a plus. >> i'm not perfect. and i don't pretend to be pech. and i actually don't want my members to be perfect because when you expect yourself to be perfect and you -- you just can't maintain it. >> it's really true, that little bit at a time really could add up. >> yes. >> reporter: now a new nih- funded report shows how group programs led by your peers could actually be your best bet for weight loss. in the year-long study, 37% of those in a weight watchers group lost 10% of their starting weight compared to just 11% of a group led by professionals. it works for melanie thomas. she lost 40 pounds in nine months dropping from a size 12 to a 6. >> i just did what they told me

to do. i just tracked regularly and i did my exercise and i came to my meetings, always came to my meetings. >> peer support is important. >> reporter: registered dietician joanne hattner says individuals who attend regular meetings actually keep the weight off. >> peer support, that face-to- face, that group meeting has an important component. >> reporter: that keeps melanie coming once a week. >> there's thanksgiving which is all about food and halloween which is all about candy and christmas which is more food and so many things. new year's eve, all that alcohol. >> reporter: now, the researchers chose weight watchers because it's the largest commercial program in the united states that focuses on changing what you eat as well as increasing physical activity. here's more good news. weight watchers ended up being less expensive than the group led by the professionals. >> if you have friends that are encouraging you, they won't be tempting you with sweet treats. >> reporter: another good point, yes. absolutely right. let them know you're on a diet. that helps. >> leave the cookies at home.

>> reporter: if you want to know if you need to be on a diet, get a tape measure. your waist measurement should be half your height. >> thank you. brian hackney at the helm in the weather center. you have that look on your face. >> i'm doing the calculation. [ laughter ] >> oh, okay. [ laughter ] >> i'm in trouble! >> what are you numbers is. >> that's the last time i do calculus on the air. let's go outside. the numbers now are reflecting the fact that the skies are as blue as a swimmer's lips out there. it's just gorgeous. the visibilities have dramatically improved. low pressure has scoured a lot of the particulates out of the atmosphere. the result, it's nice. 67 degrees at san jose. 71 in santa rosa. concord at 72 right now. and we still have that upper level double, that low pressure that's spinning abeam northern california so chance of a shower lingers right through tomorrow night. warming trend though begins on thursday and by this weekend we'll be near 80 degrees inland so a couple of days of cool weather. this is why that low pressure that's abeam san francisco, watch what happens as it nears the shoreline. the radar begins to get lit up

a little bit. those showers are 70 miles offshore. there's not much and it's mostly moving to the south and east. but nevertheless because it's so close, there is the potential that we squeeze out a little bit of that by tomorrow night. tonight there's just a little chance of a few sprinkles. we'll have a few clouds around the mountains aside from that a nice evening for the bay area. there is another perspective. from high atop the west coast you can see that low that's close to the bay area but it is going to be moving south. so we'll get a south bay shower chance by tomorrow afternoon. and out the door tomorrow morning, variable clouds and temperatures in the mid-50s should be dry in the early going but as we look at what the atmosphere should be doing over the next 24 hours, we'll see that paul will have something to talk about by tomorrow night because watch the showers light up the south bay by 5:00 tomorrow afternoon. you have to begin in morgan hill hill march to the coast, is this absolutely accurate? the action such as it is will be in the south bay tomorrow

afternoon and tomorrow evening. we'll see. 47 degrees in santa rosa overnight tonight. 53 at fairfield. and for tomorrow, about the same as today for numbers, variable sun and temperatures in the 70s. the extended forecast, though, a chance lingers through tomorrow night. look what happens by the weekend. we're back into the 80s. so temperatures do warm as we look ahead. res do warm as we >> okay. sounds good. thank you. we'll be right back.

today, u.s. attorneys met ie bay area to warn a group tha investment fraud is rising at an alarming rate. today u.s. attorneys met in the bay area to warn a group that's most vulnerable. cbs 5 consumerwatch reporter julie watts explains why seniors are the target this time. reporter: >> i heard we can make 10% a month if it's too good to be true, it usually is. >> reporter: but jim and shirley peterson ignored their instincts because they implicitly trusted the people urging them to invest in a sure fire deal. >> they were our friends our best friends. and the main thing was, we had an insurance policy by the california bar association.

>> and they said the principal was insured, you know. >> so we couldn't lose. >> reporter: or so they thought. >> your best friends can get you into a lot of trouble. >> reporter: the petersons, who once fancied themselves financially savvy, are now sharing their story. >> they showed us their books. >> reporter: because they believe that if it could happen to them, investor fraud could happen to anyone. >> in the last 18 months, the united states attorneys have handled cases against 800 defendants in investor fraud cases involving losses of more than $20 billion. >> reporter: and u.s. attorney melinda hague says many of the 100,000 victims are retirees, for the same reason crooks rob banks they are now targeting retirement accounts, they go where the money is. >> some of the best deals are the deals you don't make. >> reporter: that's why u.s. attorneys have organized a series of summits across the country bringing together investigators and victims like the petersons in an effort to educate unsuspecting consumers on one of the fastest growing crimes in the country.

>> had we been able to go to something like this i don't think we ever would be in a position we are right now. >> reporter: financial fraud red flags, if someone guarantees your investment is safe, they promise returns of over 10% a year, or they tell you that investment is confidential, it's important to remember these con artists often develop close relationships for the sole purpose of defrauding someone. the petersons' best friends waited a year before asking them to invest. >> sets you up. >> yeah. >> thank you. we'll be right back. ,,,,,,,,,,,,,, measures... measure up. money to our schools. "misleading." out here. it. but there's hope. straight to our schools... keeps it there. politicians. yes on thirty-eight.

hundreds of i'm dana king. here's what we're working on for the 6:00 news. hundreds of prisoners including convicted killers could be taken off death row if it passes. today, how the battle over prop 34 received holy intervention. >> and seeking extra sets of eyes for emergency responders. the bay area county that could rely on help someday from unmanned drones. we'll have that and more at 6:00. >> see you in 30 minutes. thanks. "cbs evening news with scott pelley" is coming up next. and remember, the latest news and weather are always on cbssf.com. captions by: caption colorado comments@captioncolorado.com